Choosing a nursing home for yourself or a loved one is never easy. You want peace of mind that the facility will provide a safe, respectful, and dignified environment. While many nursing homes deliver excellent care, others fall short, leading to legal concerns that families must understand and be prepared to address.
At Hollingsworth PLLC, we assist Virginia families in navigating the complex legal landscape surrounding elder care. If you or a loved one resides in a nursing home, here are some of the most common legal issues to be aware of.
Abuse and Neglect
Unfortunately, abuse and neglect remain significant issues in some long-term care facilities. Abuse may be physical, emotional, sexual, or even financial. Neglect often involves inadequate medical care, poor hygiene, untreated bedsores, dehydration, or malnutrition.
In Virginia, nursing home residents are protected under both federal and state laws, including the Virginia Adult Protective Services Act. Facilities have a legal duty to provide appropriate care and to report any suspected abuse. If you notice signs of mistreatment, such as unexplained injuries, withdrawal, or sudden changes in behavior, it’s essential to take immediate action.
Medical Malpractice
Nursing homes provide around-the-clock medical supervision, and errors can lead to serious harm or even death. Common malpractice claims include medication errors, failure to diagnose conditions, and inadequate infection control.
To bring a successful claim in Virginia, the injured party (or their representative) must prove that the nursing home or its staff breached a professional standard of care and that this breach directly caused harm. However, because Virginia law sets a statute of limitations on medical malpractice cases, timely legal consultation is crucial.
Falls and Mobility Injuries
Falls are among the leading causes of injury in nursing homes. Many residents require assistance with walking or transferring from a bed to a wheelchair. Facilities are required to implement individualized fall prevention plans and to ensure that staff members are adequately trained and attentive.
When a nursing home fails to provide reasonable safeguards, it may be liable for any resulting injuries. These cases often involve a detailed examination of staffing levels, documentation, and prior incidents.
Violations of Residents’ Rights
The federal Nursing Home Reform Act guarantees specific rights for residents, including:
- The right to dignity and respect
- The right to privacy
- The right to be free from restraint or punishment
- The right to participate in care decisions
Virginia has codified similar rights under its Department of Health regulations. When facilities ignore these legal protections, such as by isolating residents, denying visitation, or failing to involve residents in care planning, they may face regulatory penalties or civil lawsuits.
Inadequate Staffing
Chronic understaffing is a root cause of many problems in nursing homes. When facilities cut corners by operating with too few nurses or aides, residents can suffer the consequences. Missed medications, slow emergency responses, and poor hygiene often stem from staffing issues.
While Virginia law requires nursing homes to maintain “sufficient staff,” there are no minimum staffing ratios. As a result, proving liability often involves reviewing staff schedules, training logs, and internal audits.
What You Can Do
If you suspect a legal issue in a Virginia nursing home, here are some steps you can take:
- Document your concerns (photos, notes, medical records)
- Speak with the facility administrator
- File a complaint with the Virginia Department of Health or Adult Protective Services
- Contact a Virginia nursing home abuse lawyer
Contact Hollingsworth PLLC To Learn More
At Hollingsworth PLLC, we are committed to protecting the dignity, safety, and rights of Virginia’s elderly. Whether you’re facing a potential case of neglect or simply need guidance navigating regulations, we can help you understand your legal options.
We treat every case with compassion and urgency because when it comes to your loved ones, nothing less will do.
Contact us today to schedule a confidential consultation.